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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations That airspace extending upward from 700
feet above the surface within a 5-mile radius of the airport, and within 5 miles each side of the 169 bearing from the airport, extending from the 5-mile radius to 24 miles south of the airport, and within 4 miles each side of the 351 bearing from the airport, extending from the 5-mile radius to 12.5
miles north of the airport; and that airspace extending upward from 1,200 feet above the surface within a 67-mile radius of the airport.
Issued in Des Moines, Washington, on August 2, 2021.
B.G. Chew, Acting Group Manager, Operations Support Group, Western Service Center.
FR Doc. 202116831 Filed 81021; 8:45 am BILLING CODE 491013P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket Number USCG20210550
RIN 1625AA08

Special Local Regulation; Ohio River, Owensboro, KY
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary special local regulation on the Ohio River mile 754.0760.0 in Owensboro, KY on August 1215, 2021. This special local regulation is needed to protect personnel, vessels, and the marine environment from potential hazards created during the Owensboro Air Show. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley COTP.
DATES: This rule is effective from 10:30
a.m. 6:30 p.m. on August 12, 2021
through August 15, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0550 in the search box and click Search. Next, in the Document Type column, select Supporting & Related Material.
SUMMARY:

If you have questions on this rule, call or email MST3 Christopher Matthews, U.S.
Coast Guard; telephone 5027795334, email Christopher.S.Matthews@
uscg.mil.

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FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION:

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I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Section U.S.C. United States Code
II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are impracticable, unnecessary, or contrary to the public interest. Under 5 U.S.C.
553bB, the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking NPRM
with respect to this rule because it is impractical. This special local regulation must be established by August 12, 2021, and we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule. The NPRM process would delay the establishment of the special local regulation until after the scheduled date of the air show and compromise public safety.
Under 5 U.S.C. 553d3, the Coast Guard finds that good cause exists for making this rule effective less than 30
days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable because immediate action is needed to ensure the safety of the participants and spectators in the Owensboro Air Show on August 12, 2021 through August 15, 2021.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034
previously 33 U.S.C. 1231. The Captain of the Port Sector Ohio Valley COTP has determined that potential hazards associated with the Owensboro Air Show, will be a safety concern for anyone within the area. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the special local regulated area for the duration of the marine event.
IV. Discussion of the Rule This rule establishes a temporary special local regulation from 10:30 a.m.
through 6:30 p.m. on August 12, 2021
through August 15, 2021. The special
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local regulation will cover all navigable waters of the Ohio River, extending the entire width, from mile marker 754.0 to mile marker 760.0. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the Owensboro Air Show is taking place. No vessel or person will be permitted to enter the special local regulation without obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking.
Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review Executive Orders 12866 and 13563
direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits.
This rule has not been designated a significant regulatory action, under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget OMB.
This regulatory action determination is based on the size, location, duration, and time-of-day of the special local regulation. This special local regulation restricts transit on the Ohio River between mile marker 754.0 and mile marker 760.0. This area will have limited access for a period of eight hours on August 12, 2021 through August 15, 2021. Moreover, the Coast Guard would issue Broadcast Notices to Mariners BNMs, Local Notices to Mariners LNMs, and Marine Safety Information Bulletins MSIBs, as appropriate, about this special local regulation so that waterway users may plan accordingly for this short restriction on transit, and the rule would allow vessels to request permission to enter the zone.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term small entities comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.

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